Archive for July, 2009
GiftMafia Terms of Service
Use of this website signifies that you accept these terms.
From this point on any reference to the word “we” or “our” is directly meaning any of the “Gift Mafia” websites, with a master list being available at www.GiftMafia.com.
We reserve the right, in its sole discretion, to change its Terms & Conditions at any time, for any reason, without notice. We also reserve the right, in our sole discretion, to change the methods through which free items are earned. This may include, but is not limited to, increasing the number of friends you have to refer or adding more steps to confirm that you have a legitimate account. We may also add or remove any product listed as an incentive at any time. If we replace a product, the new product may not be of equal value. We also reserve the right to discontinue any of our websites at any time without notice or reason. In the event that we discontinue one or more of our websites, we will make every reasonable effort to provide our users with sufficient advance notice. Please check these Terms of Use periodically for changes. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below. If you breach any of these Terms of Use your right to use this Site will terminate automatically.
TERMS
1. Membership
A user must provide the site a valid email address.
A user must be over the age of 18 upon joining this site.
A user must provide an accurate and legitimate shipping address based in the United States or Canada upon signup. Providing false information upon signup or at any point will result in being placed indefinitely on hold. We reserve the right to require proof of Identity or address at any time.
Only one account per person per email address per address per household per IP. If your IP, email or address match that of any other user your account will be placed on hold.
We are not responsible for users who choose to use a proxy that has already been used. No matter what, if there is more than one account to an IP address you are at a high risk of being placed on hold.
Use of a proxy is strictly forbidden. If you are found to be using a proxy, your account will be placed on indefinite hold.
A user must sign up at the same address that is on the account. Any user found to have signed up in different location than is listed on the account will be placed indefinitely on hold.
Referrals can not be transferred or donated from one account to another. This includes transfers of referrals with their offer completed from non referred accounts to other accounts. Two or more accounts can not be merged into one account. Under some circumstances, if a non referred user has not yet received credit for an offer, then their account may be transferred to another referrer.
Site is open to users anywhere in the United States or Canada ONLY. Users who sign up outside the United States or Canada or are found to maintain an account outside the United States or Canada will be placed on hold indefinitely.
If a user is found to be or is reported as “scamming” other users in terms that the user referring did not fulfill their end of the trade or commitment, we will take all necessary measures in order to get back any moneys we may have lost in the process. We will also take many measures to fulfill the referring users end of the bargain. Fraud is intolerable and scamming users is direct fraud. This will result in permanent hold.
If any user is found to have fraud on another network or been placed on hold on another network we reserve the right to place that user on hold as well.
Users may under no circumstances transfer, trade, or sell accounts to other users or non-users. Doing so will result in indefinite hold on every account involved.
If a user is found to have the same IP on their account or on their IP log as another account, it can result in all involved accounts and parties being placed on indefinite hold.
A user may not use an offsite mail storage location as their mailing address, all mailing addresses provided must be personal addresses.
If a user moves or changes locations, they may not complete the site or sign up once again. This is fraud and will result in your account being placed on hold.
If a user at any point resides in a location with more than one account in that location, all accounts will be placed on hold.
Any user found to have signed up in a non-residential, or public, area (such as a local Kinko’s or computer lab) will be placed on hold indefinitely.
Any user who provides a non-residential, or public, location as their shipping address upon signup or is found to have a non-residential, or public, address on their account at any point will have their account placed on hold indefinitely.
If a user lives in an On-Campus Dormitory or Residence, it is to their advantage to contact us prior to starting to refer users who live on the same campus. This is due to IP issues that could cause indefinite holding of all accounts involved.
If your account is placed on hold, you are not permitted to create another account. Any user who is found to create an account when they already have an account that is on hold will be banned from all our network sites.
If your account is placed on hold at one of our sites, you will be banned from the entire network and will not be permitted to join or participate in any of our other sites.
Any user who is found to have completed an offer twice, or have completed an offer fraudulently will be denied all their credits and have their account terminated as this is in violation of the terms of the advertising companies.
All “Gift Mafia” sites as outlined above are all owned and operated by GiftMafia.com and classifies itself as limited liability and therefore upon agreeing to this contract of terms and conditions, you agree to drop any right you may have to legal action against, it’s founder, it’s network, any employees, and it’s owner. Users who pursue legal actions against giftmafia.com, its employees or owners will have their accounts closed for terms of service violations.
We do not allow the use of an AOL or DirecPC proxy or browser when signing up for any of our sites, as it will issue you an IP address that is most likely the same as one of another user, resulting in your account being placed on hold. For no reason will your account be taken off hold if violating this term. So DO NOT USE AOL or DIRECPC to join or login to your account.
Incomplete or fraudulent account information may result in the placing of your account on hold.
Users may post their referral link online, but we will not tolerate users who “mass-post” or spam their link on the internet.
We do not allow common or simple passwords to be used. Only choose passwords that contain a combination of letters and numbers that will in all likelihood be unique to you. Similar passwords on multiple accounts can be interpreted as multiple accounts by the same user and may result in your account being placed indefinitely on hold.
2. Completion of Offers
A user may only receive credit for completing an offer once. If your offer requires an extra referral to be acquired please do so. Do not try to request approval with less referrals than required, your account will be in risk of being placed on hold if you attempt to.
We do not guarantee that a user will receive credit for any offer. We reserve the right to refuse a user credit for an offer for a variety of reasons, including, but not limited to, lack of appropriate information or fraudulent information. If an offer does not credit our account, we can not provide you with credit. If credit from our account is revoked, then so will the credit on your account. We are not responsible for any unknown or unexpected charges that you receive from one or more of our offers. Read the offers terms and conditions before signing up.
Manual credits are not accepted under any circumstances.
Use of a prepaid card is not allowed for many offers, you are at a risk of hold if you choose to use one.
Early cancellation of ANY offer is considered fraud. If early cancellation of an account is reported to us by our affiliate(s), we reserve the right to place the parties involved on indefinite hold and/or revoke their credit.
A user must complete all offers with the same email they joined with. NO EXCEPTIONS. if it is found you are completing offers with a different email then you joined with your account will be placed on hold.
It is the user’s responsibility to follow the terms and conditions of the offer they wish to complete. If these terms are broken your account is at risk of hold.
A user may not “walk” a referral through the creation of an account or any subsequent campaign activity on our referral based sites. All users must sign up for their individual account themselves and are responsible for completing the offer process themselves. If a user is found to have “walked” a referral through the signup and/or offer process, all involved parties will have their accounts placed on hold.
Only the user who registered the account may complete the offer. If it is found that any person other than that who registered the account, and therefore the account belongs to, completes the offer, your account is at high risk of hold status.
Users must complete the offer by using the link provided. If you go to the web site directly, use another affiliates link, or go to the offer site by any means other then through this web site, we reserve the right not to give you credit for that offer.
We are not responsible for delays in reporting offer completion or failure to receive credit due to the advertiser’s problems or reasons.
3. Orders
Use of our sites is a free service and does not guarantee a payment of any amount or rewards of any kind, regardless of offers or referrals completed.
We may delay ship date for any reason necessary.
We will take measures to ensure that the user receives payments and rewards within a reasonable amount of time. However, we can only do so when the advertisers pay us.
All rewards are sent to the shipping address provided by the user at registration time.
It is a user’s responsibility to verify that the shipping address provided is correct.
We reserve the right to require a state issued ID or license on all orders regardless of value.
We network can not guarantee the availability of a product at the time of order. If a product is unavailable, you will be contacted and given an alternative option.
We are not responsible for lost mail as a result of a theft or miss-delivery.
All our gifts will be shipped with delivery confirmation to make sure that you received your gift.
We are not responsible for any lost orders due to inaccurate shipping information.
We do not ship to P.O. Boxes
Returns or exchanges are not allowed under any circumstances.
All Paypal accounts must be US or Canadian based and verified. If your account is not verified your order will held until we are informed and verify the account has been verified.
If your free product reward or combination of rewards exceeds $599.99 you must supply a signed W9. This form must be completed in its entirety and emailed to support@giftmafia.com. You must also furnish a copy of a state ID or license to verify the information.
A member can order and receive as many rewards as earned on any of the “Gift Mafia” sites as outlined above.
If we feel that a user completed, or is completing, the site fraudulently, and we have suffered a loss due to it, we reserve the right to file a claim with the paying service or take legal action against that user in order to regain the amount lost with the option of additional damages that may be claimed by us.
On occasion, products that appear on our websites may be back ordered or discontinued from our supplier or their manufacturer. We reserve the right to substitute any gift for a gift card of equal value to the said gift.
4. Your Conduct
You are solely responsible for the contents of your actions through this web-site.
You must ensure that your participation in the site does not violate any applicable laws or regulations.
You must not transmit through the service or any other contact means any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material to anyone involved with this network.
Any unauthorized use, entry, or hacking into any of our sites is illegal and is punishable by law. The slightest violation of any law will provide sufficient impetus for us to prosecute the offender to the fullest extent of that law.
You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
You will not Post information on a website, forum, or auction that has to do with “canceling the offers” included, but not limited to, cancellation phone numbers, cancellation time frames, and any encouragement or direction to cancel the offers after signing up with them.
You will not Post on a blog, website or forum anything that depicts Giftmafia.com in a negative way. Any comments that are construed to be derogatory towards the GiftMafia.com website or the staff of said company, shall be reason for account termination. We reserve the right to use our own judgment on what we feel is negative or derogatory.
Bidding on trademarked keywords associated with our advertising partners or their affiliates in Internet search engines to gain referrals through sponsored search results. (e.g. Bidding on the keyword “Blockbuster” in Google and appending your referral link to this bid upon keyword.) will result in a hold on your account.
Posting your referral link in places where it is not welcome, or spamming your referral link online in any capacity is strictly prohibited. If we see or receive complaints about your referral methods that we deem risky, we may place your account or accounts on hold.
Purchasing a domain name with the sole intent and purpose of automatically redirecting visitor traffic to any one of our websites that includes a user’s associated referral link without the visitors’ knowledge. (i.e. not explicitly stating on the website of purchased domain name that a visitor who signs up for an account will become an existing user’s referral and therefore help him/her with achieving their free product)
5. Disclaimer of Warranties
This site is provided on an “as is, as available” basis. You agree to assume total responsibility and risk for four your use of the site and the content for evaluating the accuracy, completeness and usefulness of all content. We make no expressed or implied warranties, representations or endorsements whatsoever with respect to the site or or the content. We expressly disclaims all warranties of any kind, expressed, implied, statutory or otherwise, including but not limited to , implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with regard to the site, or the services provided by our sites and the content.
We do not warrant that the functions performed by the site will be uninterrupted, timely, secure or error-free, or that defects in the site will be corrected. We do not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site and the content are provided “with all faults” on an “as is” and “as available” basis.
6. Limitations of Liability.
To the greatest extent permitted by applicable law, we will not be liable for any loss or damage arising directly or or indirectly from any use or inability to use site or the content. You understand and agree that under no circumstances will our sites, its owner, or its employees be liable for any damages whatsoever, including, but not limited to: (i) Any direct, indirect, incidental, consequential, or exemplary damages arising out of the use or inability to use the site or the content, (ii) Any claim attributable to errors, omissions, or any other inaccuracies in the site or content, (iii) Statements or conduct of any third party on the site or the service, or (iv) Any other matter relating to the site or content, even if we have been advised of the possibility of such damages.
Last Updated January 1st 2010
GiftMafia Privacy Policy
From this point on any reference to the word “we” or “our” is directly meaning any of the “Gift Mafia” websites, with a master list being available at www.GiftMafia.com.
We (“Company”) respects your right to privacy. We are committed to protecting your privacy. Your continued use of our website and your submission of any information to us indicate that you have read, understand and agree to our Privacy Policy.
We have detailed our Privacy Policy so that you know how we collect and protect the information you decide to provide us. This Privacy Policy will tell you:
What information is collected by the Company.
How we may share information.
How you can let us know your preference for sharing of information.
What Information Do We Collect And How Do We Protect It?
Consumer Information
We receive and may keep information you gave us because you decided to register on one of our, or one of our websites, or because you decided to take part in a special promotion or fill out any other form on one of our, or one of our affiliate’s websites. This information may include:
Your e-mail address
Your name
Your mailing address
Your telephone number
Your payment information
This information may also include any other personal information or unique preference information you choose to provide us.
We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Websites in order to provide advertisements about goods and services of interest to you.
Information from Other Sources
We may receive information about you from other sources. This information may help us to improve our ability to service your needs on a personalized basis. It helps us to learn about your shopping preferences and also helps us let you know about new offers from us or our affiliates. We may use this information to tell you about great offers that we think you might like.
Automatic Information
We want you to be aware that certain tools exist to help us service and recognize you. For your convenience, to help us personalize your experience or better serve your needs, we may receive and store certain types of information when you visit one of our websites. You may be familiar with the term “cookies,” which are unique alphanumeric identifiers. These cookies are placed on your computer when your web browser accesses our websites. We use this information to educate us on things such as how you navigate to and around our websites, product browsing, content accessing, and purchasing data. If you choose, there are utilities available for purchase from independent software providers to install on your computer as well as tools/preferences you can choose through most web browsers to make website visits anonymous. Of course, cookies let you have a more satisfying website experience, so we recommend that you leave them turned on.
Information Required by the Government
The Company may be required to collect and submit certain information required by the government, such as a completed IRS Form W-9. This information, which may include your taxpayer identification number, will not be used, shared, transferred, or sold for marketing purposes.
Once Information Is Received, How Is It Shared?
We may use the collected information for any legally permissible purpose in our sole discretion.
Within the Company
We share information we collect from all points of contact within the Company network, including with our parent company (WAHProject.com) and with any other subsidiaries of our parent. The information you give us and information about your transaction may be combined with other personally identifiable information available from our records and other sources. We use this information to offer you products, services, offers and benefits that may be of interest to you.
Carefully Selected Companies and Organizations
We may share your information with carefully selected vendors, business partners and other organizations which are not part of the Company. These companies and organizations use the information we provide them to assist us in serving your needs. These disclosures may be made to help us enforce or apply existing terms and conditions and/or other agreements or to protect the rights, property or safety of our websites, our users or others. We may also share your information with carefully selected advertisers and marketers for various marketing purposes, including their on-line and/or off-line programs or services. We may share your information with carefully selected partners for data validation, enhancement, information verification and suppression services, and, to the extent permitted by law, individual reference or look-up services.
Governmental Agencies or Other Companies
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when (1) permitted or required by law, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions, or (3) investigating fraud that has already taken place. In all cases, this information is not provided to these entities for marketing purposes.
Right to Transfer
Should the Company choose to sell or transfer business assets, it is possible that the information we possess may be transferred as part of that transaction. The Company may decide to retain a copy of the information post sale or transfer.
E-mail
When you fill out one of our forms, you are consenting to receive e-mail that informs you about new merchandise, sales, special discounts and promotions. In addition, we may send you e-mail to help us learn more about you and your preferences. If, after you have shared your e-mail address with the Company, you decide that you do not want to receive e-mail from the Company, you can discontinue promotional e-mail by clicking on the hyperlink shown in all Company e-mails and follow the directions to indicate your unsubscribe preference. If you have registered or submitted information under more than one e-mail account, you must submit separate unsubscribe requests from each account.
Note that you may continue to receive e-mail from entities other than the Company.
Request for More Information
As it relates to e-mail communications or any other questions you might have about our Privacy Policy contact us at: support@giftmafia.com
WHAT HAPPENS IF I HIT A LINK TO ANOTHER SITE FROM A COMPANY SITE?
Our websites may offer links to other sites. Other sites have their own terms of use and privacy and security policies. If you choose to visit one of these sites, you should review the policies that govern that particular site.
APPLICATION OF THIS PRIVACY POLICY
This Privacy Policy applies to all information collected by or submitted to the Company. Other affiliated entities of the Company may obtain information independently from transactions and experiences with you or from other sources. This Privacy Policy does not pertain to that information.
WHAT IS THE POLICY WITH RESPECT TO COMMUNICATING WITH CHILDREN?
We recognize the unique privacy concerns regarding children. We are committed to carefully protecting privacy where children are involved no matter the point of contact. In particular, our intention is to fully comply with the Children’s Online Privacy Protection Act (COPPA). Per COPPA guidelines, we do not knowingly collect personally identifiable information from children under the age of 13. If a parent or guardian is made aware that a child under the age of 13 has provided us with personally identifiable information through any point of contact, we ask to be contacted at support@giftmafia.com and we will delete the information about the child referenced from our files.
YOUR CONSENT
By sharing information with us, you consent to the Company using the information collected or submitted as described in this Privacy Policy. We may change or add to this Privacy Policy so we encourage you to review it periodically.
SECURITY
Our Commitment to Data Security
There is no such thing as complete security on the Internet or otherwise. The Company uses industry standard security techniques on our websites to help protect against the loss, misuse or modification of information we’ve collected from you. When you access your personal information or transmit personally identifiable data to us, that information is stored on servers that we have protected from unauthorized access or intrusion. While we strive to protect your information, the Company cannot ensure or warrant the security of any information you transmit to us. You acknowledge and assume this risk when communicating with the Company, its partners and affiliates.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, AS WELL AS THE TERMS AND CONDITIONS OF THIS WEBSITE (INCLUDING LIMITATIONS ON DAMAGES, AND ARBITRATION OF DISPUTES). YOU AGREE THAT THE COMPANY’S LIABILITY FOR ANY BREACH OF THIS PRIVACY POLICY SHALL BE LIMITED TO THE VALUE OF THE TRANSACTIONS OR SERVICES PROVIDED TO YOU BY THE COMPANY TO THE EXTENT SUCH CLAIM IS NOT OTHERWISE BARRED BY OUR TERMS AND CONDITIONS.
